Territory of Oklahoma Ex Rel. Ray v. Jacobs

'Opinion of tbe court by

Burwell, J.:

This is an action commenced in this .court by the Territory of 'Oklahoma on the relation of Eob-*ert J. Eay against D. A. Jacobs, as city clerk, and Charles Smith and others, who compose the city council of the city of Lawton, to compel the defendants to canvass the returns of •a certain election held in that city on the first Tuesday in April, 1902, at which it is claimed all of the officers of the city were voted for and elected, and the petition alleges that the defendants refused to canvass such returns. The relator, Mr. Eay, was a candidate at the…